State v. Spinazee, Unpublished Decision (4-15-2005)

DECISION AND JUDGMENT ENTRY

{¶ 1} This cause comes on appeal from the Sylvania Municipal Court. Appellant pled no contest to reckless operation, a second degree misdemeanor and a violation of R.C. 2937.07. For the following reasons, we reverse appellant's conviction.

{¶ 2} On March 14, 2004, an officer of the Ohio State Highway Patrol stopped and cited appellant for a violation of R.C. 4511.33, failure to observe marked lanes. During that stop, the officer arrested appellant for a violation of R.C. 4511.19, operating a motor vehicle while under the influence of alcohol.

{¶ 3} Appellant initially…